• 05.20.24

    Challenging the CFPB After CFPB v. CFSA

    On May 16, 2024, the United States Supreme Court issued its long-awaited opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., holding that the CFPB’s unique funding mechanism does not violate the Appropriations Clause of the ...

  • 05.03.24

    CFPB Acts Against Mortgage Servicing Fees

    On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) continued its assault on fees in the consumer finance industry.

  • 02.21.24

    CFPB Revises Supervisory Appeals Process

    On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued a procedural rule revising its supervisory appeals process for the first time since 2015.

  • 12.21.23

    FTC Bans Rite Aid From Using AI Facial Recognition Due to Falsely Tagging Consumers as Shoplifters

    In a complaint filed in federal court, the Federal Trade Commission (FTC or Commission) has alleged that Rite Aid used facial recognition technology in its stores without taking reasonable steps to prevent harm to consumers who were falsely accused by employees of shoplifting or other criminal ...

  • 12.21.23

    FTC Proposes Major Updates to Children’s Online Privacy Protection Act

    On December 20, the Federal Trade Commission (FTC) proposed its first significant updates to the Children’s Online Privacy Protection Act (COPPA) in a decade.

  • 11.16.23

    FDIC Proposes Corporate Governance and Risk Management Standards for Select Institutions

    In a significant development for state nonmember banks with assets of at least $10 billion (Covered Institutions), the Federal Deposit Insurance Corporation (FDIC) has recently proposed comprehensive corporate governance and risk management guidelines (NPR) that would impose significant ...

  • 11.14.23

    What the Injunction Against the CFPB’s Small-Business Data Collection Rule Means for You

    On October 26, a Texas District Court issued an expanded injunction preventing the CFPB from implementing and enforcing its small-business data collection rule issued under Section 1071 of the Dodd-Frank Act, so that it now benefits all companies subject to the rule.

  • 09.14.23

    CFPB Loses Major UDAAP Case

    On September 8, 2023, the U.S. District Court for the Eastern District of Texas issued an opinion and order vacating a March 2022 anti-discrimination update to the UDAAP section of the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”) Supervision and ...

  • 09.11.23

    The CFPB’s Summer 2023 Supervisory Highlights

    The Consumer Financial Protection Bureau’s (CFPB or Bureau) Summer 2023 Supervisory Highlights, which discusses key examination findings between July 2022 and March 2023, underscores the Bureau’s continuing aggressive interpretations of its authority.

  • 08.21.23

    California Imposes More Regulation on Commercial Financing

    After being the first state to impose disclosure requirements on small business finance transactions, California has now added an annual reporting requirement and subjected commercial finance companies to UDAAP claims. 

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